MUHAMMAD SHAFIQUE Versus State
ORDER
ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner Muhammad Shafique has sought bail after arrest in case FIR No.596/2015 dated 12.11.2015 under sections 365-B, 376, 384, P.P.C., Police Station Gujar Khan District Rawalpindi.
2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed that although the petitioner is named in FIR, yet the fact remains that there is a delay of one month and thirteen days in lodging of the FIR, which has not been explained by the complainant, which prima facie shows that the FIR has been lodged after due deliberation and consultation. The allegation against the petitioner is that on 29.09.2015 he abducted the daughter of the complainant Mst. Rozma Azad for illicit intercourse. It has also been noticed by this Court that according to copy of nikahnama placed on the file of case and verified by the Investigating officer, the alleged abductee Mst. Rozma Azad has contracted Nikah with the petitioner Muhammad Shafique on 19.08.2015 prior to registration of the case and alleged date of occurrence and also executed a sworn affidavit in this regard. It is common practice in our society that parents of the girl usually got register FIR against the boy and his family members due to the grudge that their daughter had contracted love marriage and the girl/alleged abductee when joins her parents also made statement against her husband due to family pressure which is common practice in our society. Nothing has been recovered from petitioner during investigation. Admittedly the petitioner is previous non-convict and never involved in any other case. He is behind the bars since 15.11.2015. Investigation of the case is complete and the petitioner is no more required for further investigation. His further incarceration in jail would not serve any useful purpose. The alleged abductee has filed a suit for jactitation of marriage against the petitioner Muhammad Shafique whereas the petitioner has filed suit for restitution of conjugal rights against the alleged abductee Mst. Rozma Azad which are pending adjudication before the court of learned Judge Family Court, Gujar Khan which is a proper forum to decide such matters. Reliance in this regard is placed on case law titled as "Muhammad Azam v. Muhammad Iqbal and others" PLD 1984 SC 95 wherein it has been held by the Hon'ble Supreme Court of Pakistan that Family Courts are the proper forum to decide the validity of marriage.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.
WA/M-127/L Bail granted.